Coles v. Hannigan
New York Court of Common Pleas
Appeal from a judgment for the plaintiff rendered in the District Court of the city of New York for the First Judicial District. The facts are stated in the opinion delivered by Chief Justice Daly.
1Opinion of the Court
Charles P. Daly, Chief Justice.
Where, as in the present case, the right to arrest arises from facts extrinsic of the cause of action, the course of procedure is different in the district courts from what it is in courts of record. In courts of record, under the Code, the action is commenced by summons, and an order of arrest must be obtained upon affidavits ; but in the district courts, in such a case, the action is commenced by a warrant granted by the justice to arrest the defendant, issued upon an affidavit setting forth the facts which authorize the arrest; the issuing of which warrant is…
2Cases cited2 opinions
- Wood v. . HenryNew York Court of Appeals · 1869
- Johnson v. FlorenceNew York Court of Common Pleas · 1866
3Cited by2 opinions
- Stern v. MossNew York Court of Common Pleas · 1884
- Kling v. WalshAppellate Division of the Supreme Court of the State of New York · 1901